Jakamistalous kaavoituksen ja asuintilojen käyttötarkoitusarvioinnin häirikkönä - taltuttaako epätyypillisyysoppi häirikön?
Avainsanat:
jakamistalous, rakennuslupa, käyttötarkoitussääntely, asemakaava, vertaismajoitus, lyhytaikaisvuokrausAbstrakti
The sharing economy and permitted housing usage
The sharing economy allows for novel and innovative models of digital, platform-based value co-creation where everyone has the possibility to share, provide, obtain, use, and purchase different types of resource. On online platforms, individuals are able to participate in home swapping, couch surfing, short-term renting, and peer-to-peer accommodation practises – also globally. Characteristically for online platform service providers, Airbnb and other intermediary actors have transformed and disrupted tourism, housing, and accommodation service sectors by enabling new micro-actors or microentrepreneurs to enter these sectors. This phenomenon has led to several legal uncertainties e.g., regarding land use and housing regulation.
The novel ways to use buildings and apartments have blurred the established demarcation between permitted housing usage and unpermitted, and thus prohibited, use of areas and buildings designated only for permanent residence for temporary accommodation purposes. As stated in section 125(5) of the Finnish Land Use and Building Act, a substantial alteration in the intended usage of apartments and buildings requires a building permit. In the context of home sharing, the key question is whether short-term rentals or peer-to-peer accommodation constitute a substantial alteration in intended usage. According to the legal provision in question, when the need for a permit is being considered, the impact the alteration will have on the implementation of the relevant land use plan must be taken into account.
From the perspective of Land Use and Building Act, the authors argue that current land use regulation does not in full extent recognise the changed field of housing usage. The main issue in applying land use regulation to short-term housing usage is closely linked to the diversification of actors and practices in the rental and accommodation sector. The authors seek to introduce an emerging case-situational interpretation method or doctrine where the judicial assessment is based upon the measurement of the atypicality of the impact that the altered use would probably cause. Secondly, the authors examine how this doctrine of a typical impact has emerged, and in the context of short-term usage, how it has been developed in the practice of the Finnish Supreme Administrative Court.
